Probate Solicitors 

Probate is the generic term used to describe the administration of estates.  In practical terms, probate is the legal process of obtaining authorisation from the courts to deal with the affairs of a deceased person, either in accordance with the terms of that person’s Will, or in accordance with the terms of the intestacy laws.

Our probate solicitors have two principal objectives in mind:

• Ensure that the correct people deal with the estate and that it ends up in the hands of the right people.
• Satisfy the requirements of HM Revenue and Customs in relation to the finalisation of the person’s tax affairs to the date of their death and in relation to any liability for Inheritance Tax arising as a result.

In most instances, the process of ensuring that the right people deal with the estate is fairly straightforward and non-controversial.  However, occasionally disputes arise and it may be necessary to go to court. We have specialists who deal with these sorts of inheritance disputes.

Finalising someone’s tax affairs to the date of their death will inevitably depend upon the complexity of that person’s tax affairs. Sometimes the revenue deals with this as an automatic process, but in other cases it is necessary to submit a tax return.  Inheritance Tax however is much more complicated. If an estate exceeds the threshold for Inheritance Tax it is extremely wise to think about engaging professional assistance.

Once the revenue and the courts are satisfied, the next step is the process of administering the estate. This may require assets to be sold or transferred to beneficiaries.

No. When there is no Will, or no valid Will, an application for a grant for Letters of Administration must be made to the Probate Registry. This application will be made by the people entitled to act as the Personal Representatives of the deceased’s estate. Unlike an Executor, a Personal Representative takes their authority to administer the estate from the Letters of Administration, not the Will. For further information on applying for Letters of Administration and to find out who qualifies to act as a Personal Representative, please contact the Private Client department.

If you are acting as an Executor you do not always need a Grant of probate to gain control of the deceased’s assets. Small estates (up to the value of £25,000) can usually be dealt with without a grant. Also, assets owned jointly pass to the surviving co-owner automatically, under a concept known as Survivorship. This means that often a married couple who has mostly jointly held assets will not need a grant unless the deceased held assets in their sole name above the value of £25,000. Some banks can be very flexible and allow Executors to sign a small estates declaration form however every bank and asset holder has different rules and limitations to what can be done without a Grant of Probate.